The Passenger Rail Agency of South Africa (PRASA) has set down 30 and 31 October 2017 for talks on the implementation of the 19 issues, after the United National Transport Union (UNTU) filed a Contempt of Court application against the passenger rail agency and three of its most senior officials.
Steve Harris, General Secretary of UNTU, says UNTU will go ahead with the Contempt of Court application at the Labour Court in Johannesburg against PRASA, as the employer and Lindikaya Zide, Prasa Acting Group Chief Executive Manager, Pearl Muntali, Acting Group Executive Human Capital Management, and Bhekani Khumalo, Prasa General Manager Organisational Development, in their personal capacity despite the talks.
“UNTU is fed-up with PRASA’s empty promises. Our members say enough is enough. They want the 19 issues implemented immediately. They have waited long enough. History has shown this Union that PRASA cannot be trusted and therefore the courts must hold its senior management accountable”, says Harris.
UNTU approached the Labour Court to make a settlement agreement, on the 19 issues signed in March last year, an order of Court after PRASA failed to adhere to the agreed timelines for implementation.
The Court granted the order in favour of UNTU in August, but PRASA still ignored the court order. Zide promised to ensure that a date was set for talks, but when he did not respond after another week, UNTU filed its application.
“Zide is trying his upmost best to turn PRASA around, but a single individual cannot do it on his own. For the past two months Zide had to try and do his job without a governing body, the PRASA Board, after the contracts of the previous board expired. Zide’s hands are also tied because he does not enjoy the co-operation from his senior officials.
“It is crucial for the Minister of Transport, Joe Maswanganyi, to appoint a Board of PRASA before the passenger rail system in South Africa collapses completely,” says Harris.
The Courts view Contempt of Court as a serious offence punishable by imprisonment.
The Constitution Court ruled in 2015 that rule of law, a foundational value of the Constitution, requires that the dignity and authority of the courts be upheld. This is crucial, as the capacity of the courts to carry out their functions depends upon it.
“As the Constitution commands, orders and decisions issued by a court binds all persons to whom and organs of state to which they apply, and no person or organ of state may interfere, in any manner, with the functioning of the courts. It follows from this that disobedience towards court orders or decisions risks rendering our courts impotent and judicial authority a mere mockery. The effectiveness of court orders or decisions is substantially determined by the assurance that they will be enforced,” Judge Bess Nkabinde ruled on behalf of the full bench.
Issued on behalf of UNTU by Sonja Carstens, Media and Liaison Officer. For UNTU Press Statements phone 082 463 6806 or e-mail sonja@untu.co.za.
